We take your privacy and data security very seriously. Here are the key points regarding how we handle your data:

No Sale or Sharing of Data: We do not sell or share your personal data with any third parties. Your privacy is our top priority.

Limited Location Tracking: Your location is not continuously tracked by our app. We respect your right to privacy and only access your location data when absolutely necessary.

Activation-Based Sharing: Your location data is only shared with your designated contacts when you actively use the "Big Signal" feature. This ensures that your location is only disclosed when you choose to share it for your safety and well-being.

We are committed to maintaining the confidentiality and integrity of your personal data. If you have any further questions or concerns, please do not hesitate to contact us: support@buddyintelgroup.com

Terms of Use for BIG SIGNAL:

Welcome to B.I.G! Our goal is to help you stay safe by providing emergency notifications, and other value-added services. To that end, we constantly strive to provide users with tools that enhance their safety and help them avoid unsafe situations.

These Terms of Use, along with any other supplemental terms that may be presented to you for your review and acceptance (collectively, the “Terms”), are between you and Tutto, llc. These Terms govern your access to and use of Tutto (a.k.a. “BIG”s service(s) (by whatever name such service(s) may be known), including the “B.I.G.” mobile application (“App”), the B.I.G. Premium features included therein (the “Premium Services”), and any videos, radio and audio transmissions, information, incident alerts, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 14 (GOVERNING LAW AND DISPUTE RESOLUTION) BELOW FOR MORE INFORMATION.

PLEASE BE AWARE THAT SECTION 1(D) (TUTTO COMMUNICATIONS) OF THE TERMS CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA EMAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS.

THESE TERMS WILL APPLY DURING YOUR USE OF THE SERVICES. IF YOU SUBSCRIBE TO THE PREMIUM SERVICES FOR A DEFINED TERM (THE “INITIAL TERM”), THE TERMS WILL BE AUTOMATICALLY RENEWED FOR RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM UNLESS YOU OPT OUT OF THE AUTO RENEWAL IN ACCORDANCE WITH SECTION 7(B) (AUTOMATIC RENEWAL FOR PREMIUM SERVICES) BELOW. ANY RENEWAL TERMS SHALL BE BILLED AT TUTTO’S THEN-CURRENT RATES.

1. BASIC TERMS AND RISK ASSUMPTION
A. Risks and User Conduct 
YOU HEREBY REPRESENT THAT YOU ARE DULY AWARE THAT THE ACTIVITIES IN WHICH YOU MAY BE PARTICIPATING IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES MAY INVOLVE RISKS. YOU FURTHER ACKNOWLEDGE AND ASSUME THESE RISKS AND YOU HEREBY ELECT, VOLUNTARILY, TO ENGAGE IN SUCH ACTIVITIES. YOU REPRESENT AND WARRANT THAT: (1) YOU UNDERSTAND AND APPRECIATE THE RISKS ASSOCIATED WITH THE ACTIVITIES YOU MAY ENGAGE IN; (2) YOU UNDERSTAND THAT (A) YOU SHOULD NOT TRAVEL TO OR REMAIN IN ANY AREA DURING, BEFORE, OR AFTER A CRIME OR OTHER HAZARDOUS SITUATION AND (B) TUTTO HAS NO RIGHT OR ABILITY TO DIRECT THE MANNER IN WHICH YOU GATHER CONTENT; (3) ANY INJURIES OR OTHER DAMAGE SUFFERED BY YOU WILL NOT BE COMPENSABLE BY WORKERS COMPENSATION OR ANY OTHER INSURANCE PROGRAM MAINTAINED BY TUTTO; AND (4) YOU WILL NOT INCITE, ENCOURAGE, CAUSE, OR ENGAGE IN ANY CRIMINAL, HAZARDOUS, ILLEGAL, OR OTHERWISE UNSAFE ACTIVITY IN CONNECTION WITH YOUR USE OF THE SERVICES.

You may use the Services only if you are at least 18 years of age and of sound mind, you can form a binding contract with BIG, and you are not a person barred from receiving or using Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

B. Changes to Services or Terms
The Services that BIG provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. In addition, BIG may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You may need to update third-party software from time to time in order to use the Services. BIG also retains the right to create limits on use of the Services at BIG’s sole discretion at any time without prior notice to you.

From time to time, we may make changes to these Terms. They will be effective after posting notice of such changes on the BIG website (www.buddyintelligencegroup.com) (the “Website”) and/or within the App. The most current version of the Terms will always be available on the Website. If you do not agree to any change(s) after reviewing such change(s), stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

C. Service Features and BIG Advertisements
To use the Services effectively, you must enable your mobile device as follows: to receive push notifications from the App; to permit the App to access both the camera and microphone for your device (at your election); and to permit the App to access your location (even in the background; i.e., when the App is not open on your device). (For example, the Services are designed to deliver push notifications to users within a certain radius of a reported incident.) If you do not enable your mobile device accordingly (including enabling any additional features or functions that BIG elects to make mandatory for use of the App), the App will not function effectively on your device.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the App. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service. 

The Services may include advertisements for BIG’s own products and services, which may be targeted to the Content, your location, your use of the Services, information regarding the Services, queries made through the Services, or other information. The types and extent of such advertising are subject to change. In consideration for BIG granting you access to and use of the Services, you agree that BIG may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.

D. 
By agreeing to the Terms or using the Services, you agree to receive these and other communications from us, including via email, in-app direct messaging, and push notifications. You agree that texts, direct messages, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or use of the Services, updates or marketing communications concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, news concerning BIG, and industry developments. Standard text messaging charges, if and as applied by your cell phone carrier, will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. 

As part of providing the Services, BIG may also need to provide you with certain other communications, such as announcements regarding the Services and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt out from receiving.

E. Privacy
Any information that you provide to BIG, as well as any information that BIG otherwise collects via the Services and your use thereof, is subject to our Privacy Policy, which governs our collection and use of such information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by BIG. 

2. SERVICE ACCESS CREDENTIALS
You are responsible for safeguarding the mobile telephone number, username, password, or other credentials that you use to access or post Content to the Services and for any activities or actions under your account. BIG cannot and will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your device and/or such credentials.

3. CONTENT ON THE SERVICES
A. Responsibility
All Content transmitted to or through the Services is the sole responsibility of the person who originated or captured such Content. We may, but are not required to, monitor or control the Content available via the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your sole risk

4. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES
We always reserve the right (but will not have any obligation) to remove or refuse to distribute any Content on the Services and to suspend and/or terminate your use of the Services without notice or liability to you. You shall not provide Content that: 

Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, or publicity rights;
Promotes discrimination, hatred, or harm against any individual or group;
Is defamatory, pornographic, or intentionally or gratuitously vulgar or offensive; or
Is harassing, abusive, constitutes spam, or is otherwise inconsistent with the purposes for which BIG makes the Services available.
We also reserve the right to access, read, preserve, and disclose any Content or other information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety of BIG, its users, and the public. 

You may not do any of the following while accessing or using the Services:

access, tamper with, or use non-public areas of the Services, BIG’s computer systems, or the technical delivery systems of BIG’s providers;
probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through any then-currently available, published interfaces that are provided by BIG (and only pursuant to any applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with BIG (NOTE: scraping the Services without the prior consent of BIG is expressly prohibited);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source- or location-identifying information;
interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
use, display, mirror, or frame the Services or any individual element within the Services, BIG’s name, any BIG trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without BIG’s express written consent;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BIG or any of BIG’s providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by BIG or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing a BIG trademark, logo, URL, or product name without BIG’s express written consent;
use the Services or Content that you did not post, or any portion thereof, for any editorial or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
collect or store any personally identifiable information from other users of the Services without their express permission;
violate any applicable law, rule, or regulation; 
engage in any activity that is a violation of the Terms (such as inciting, encouraging, causing, or engaging in any criminal, hazardous, illegal, or otherwise unsafe activity in connection with your use of the Services); or
encourage or enable any other individual to do any of the foregoing.
5. YOUR LICENSE TO USE THE SERVICES
BIG grants you a personal, revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by BIG as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BIG, in the manner permitted by these Terms, including posting Content in accordance with the terms of Section 4.

Solely in the event that you purchase a subscription to the Premium Services, BIG grants you a personal, revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Premium Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Premium Services as provided by BIG, in the manner permitted by the Terms.

With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.

6. BIG RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of BIG and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. BIG reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding BIG or the Services is entirely voluntary, and that we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you, even after you cease using or participating in the Services.

7. PREMIUM SERVICES FEES AND AUTO RENEWAL TERMS
A. Premium Services Subscription Fees  
You will be responsible for payment of the applicable fee for any Premium Services (each, a “Service Subscription Fee”) at the time you register for the Premium Services and select your monthly or annual subscription, as may be available (each, a “Service Commencement Date”). Except as set forth in these Terms, all fees for the Premium Services are non-refundable. No contract will exist between you and BIG for the Premium Services until BIG or the third-party app store from whom you received the App license (e.g., the Apple App Store or the Google Play Store) (each, an “App Store”) accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication. Any free trial or other promotion that provides access to the Premium Services, if expressly provided to you, must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire, and any further use of the Service is prohibited unless you pay the applicable subscription fee.  

B. Automatic Renewal for Premium Services
Your subscription to the Premium Services will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at BIG’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date pursuant to Section 8(A) below. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize BIG, its payment processor, or the applicable App Store to charge your Payment Provider (as defined in Section 7(C) below) at the time you first purchase your subscription, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if BIG, its payment processor, or the applicable App Store does not receive payment from your Payment Provider, (1) you agree to pay all amounts due on your account upon demand; and/or (2) you agree that BIG may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received.

C. Payment  
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide or have provided BIG, its payment processor, or the App Store from which you purchase the Premium Services with a valid credit card (Visa, MasterCard, or any other issuer accepted by us or them) (“Payment Provider”) as a condition to signing up for the Premium Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not these Terms, to determine your rights and liabilities with respect to your use of your card. You agree that BIG, its payment processor, or the App Store from which you purchase the Premium Services is authorized to immediately invoice your account for all fees and charges due and payable to BIG hereunder and that no additional notice or consent is required. BIG reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or the App, as communicated via the Services, or by email delivery to you.

D. Taxes
The payments required under Section 7(A) (Premium Services Subscription Fees) of these Terms do not include any Sales Tax that may be due in connection with the services provided under these Terms. If BIG determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, BIG shall collect such Sales Tax in addition to the payments required under Section 7(A) (Premium Services Subscription Fees) of these Terms. If any services, or payments for any services, under these Terms are subject to any Sales Tax in any jurisdiction, and you have not remitted the applicable Sales Tax to BIG, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify BIG for any liability or expense BIG may incur in connection with such Sales Taxes. Upon BIG’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You agree to make all payments of fees to BIG free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to BIG will be your sole responsibility, and you will provide BIG with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

8. SUSPENSION OR TERMINATION 
The Terms will continue to apply until terminated by either you or BIG as set forth below. If BIG suspends your access to the Services, you agree that BIG shall have no liability or responsibility to you, and BIG will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Nothing in this section shall affect BIG’s rights to change, limit, or stop the provision of the Services without prior notice, as provided herein.

A. Termination of Services by You  
You may end your legal agreement with BIG at any time for any reason by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, please do so by contacting us via the support center within the Services. 

If you want to terminate the Premium Services provided by BIG, you may do so by contacting us via the support center within the Services or by managing your subscriptions in the applicable App Store. At this time, you may do so by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app, but the subscription management process may change in the future. The subscription management functions in the Apple App Store and Google Play Store may permit you to change your account settings if you do not wish your subscription to renew automatically, or if you want to change your subscription. The services will continue at the end of each subscription period unless you cancel your subscription in accordance with the procedure set forth in Section 7(B) above (Automatic Renewal for Premium Services).  

B. Suspension or Termination of Services by BIG  
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if BIG is required to do so by law (e.g., where the provision of the Premium Services is or becomes unlawful), BIG has the right to, immediately and without notice, suspend or terminate any Premium Services provided to you. You agree that all terminations for cause shall be made in BIG’s sole discretion and that BIG shall not be liable to you or any third party for any termination of your account.

C. Survival  
Upon termination of your account by you or by BIG, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall survive any termination of these Terms: 1(A), 3, 4, 6, 8(C), 10, 11, 12, 14 and 16.

9. ADDITIONAL PREMIUM SERVICES TERMS 
The Premium Services may help connect you with 911 emergency dispatch services and other relevant service providers to request assistance for you from applicable first responders (“Responders”) upon receipt by a BIG group of a communication from you reporting an event or other need that requires such emergency assistance (a “Response Condition”). The Premium Services also have other important features and limitations, including those described below.

The Terms contained in this document apply equally to the Premium Services, since they are part of the Services. For example, please see the payment terms in Section 7 for subscription and auto renewal terms applicable to the Premium Services, as well as the disclaimers and limitations of liability in Section 10. 

In addition, there are certain other important terms associated with the Premium Services further described below.  


D. Public Incidents and Other Users
Any responding user may not have the skills, training, or equipment to assist you. BIG is not responsible for the conduct of nearby users, and such requests are made at your own risk. Please use your judgment and treat the situation as if you were calling for help and a nearby stranger or strangers arrived. Nearby users do not work for BIG; they are just other users like yourself, so you should consider awaiting the Responders before asking for or accepting assistance.

If you are responding to a public incident, please be aware that medical and law enforcement emergencies may present significant risks to you or third parties. If you are providing services or care to another user in response to a public incident, you do so at your own risk. In any event, we ask that you refrain from undertaking any physical intervention or aid and await the Responders. DO NOT PUT YOURSELF OR ANOTHER USER IN DANGER WHEN YOU RESPOND TO AN INCIDENT. You are responsible for complying with all local laws, rules, and regulations, and for responding to and complying with any Responders such as the police.

10. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of BIG and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “BIG Entities”). Each of the subsections below apply up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. 

The terms below throughout Section 10 apply to the entirety of our Services (including the Premium Services).

A. The Services are Available “AS-IS”
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE BIG ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIG OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

The BIG Entities make no warranty and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (2) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services, or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or (4) any claim that the Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the BIG Entities or through the Services will create any warranty not expressly made herein.

From time to time, BIG may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at BIG’s sole discretion.

B. No Responsibility for Third Party Links or Fundraisers
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the BIG Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

The Services may include links to fundraising initiatives established by third party individuals or fundraising sites (“Fundraisers”). BIG does not endorse Fundraisers and does not independently verify that Fundraisers are legitimate or that contributions to a Fundraiser will be used for their stated purpose. You should not rely on BIG to determine the accuracy of any Fundraiser information. Since Fundraisers are created, hosted, and operated by third parties, not by BIG, please do your diligence and use your judgment. All donations to a Fundraiser are made at your own risk and BIG bears no liability in this regard.

C. Your Personal Responsibility
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FREE TO CONTACT 911 OR OTHER EMERGENCY SERVICES DIRECTLY. USING THE PREMIUM SERVICES INSTEAD OF CONTACTING 911 OR OTHER EMERGENCY SERVICES DIRECTLY IS YOUR CHOICE AND NOT REQUIRED, AND YOU ASSUME ANY RISKS ASSOCIATED THEREWITH. FURTHER, YOU UNDERSTAND THAT THE 911 OPERATORS, RESPONDERS, AND/OR ANY NEARBY USERS OPERATE INDEPENDENTLY FROM US, AND WE CANNOT BE RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.

YOU AGREE THAT BIG USERS ARE NOT REQUIRED TO MAKE A RESPONSE CONDITION A PUBLICLY AVAILABLE INCIDENT. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF OTHER BIG USERS RESPONDING TO SUCH PUBLIC INCIDENTS.

YOU ACKNOWLEDGE THAT THE EVENTS THAT MAY LEAD TO A RESPONSE CONDITION OR NEARBY USER REQUEST ARE OFTEN INHERENTLY DANGEROUS, SUCH AS MEDICAL EMERGENCIES OR LAW ENFORCEMENT EMERGENCIES. SUCH SITUATIONS HAVE THE POTENTIAL TO INFLICT PROPERTY DAMAGE, SIGNIFICANT BODILY HARM, OR DEATH, AND TIME IS OF THE ESSENCE IN RESPONDING TO THESE EVENTS. YOU FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS POSED BY USING THE PREMIUM SERVICES IN RESPONSE TO SUCH EVENTS. 

D. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIG ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG SHALL NOT BE LIABLE FOR ANY DEATH, BODILY HARM, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES. 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BIG ENTITIES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR, IF YOU SUBSCRIBE TO THE PREMIUM SERVICES AND IF GREATER, THE AMOUNT THAT YOU PAID FOR SUCH SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO THE LIABILITY.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY BIG ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

E. Premium Services Disclaimers
In addition to and not in lieu of the above disclaimers and limitations in the sections above, please be advised of the following important disclaimers and limitations associated with the Premium Services.

i. 911 Disclaimer
We cannot guarantee that the Premium Services will be able to connect you to 911 or other emergency services or to maintain a connection once established. Please call 911 directly using your mobile device or phone if there is any problem or delay.

The Premium Services or specific elements of such services (including provision of location information) may be unavailable for any number of reasons, including:
congestion or other network failures between your mobile device and our facilities; 
faults in your mobile device; 
problems with connectivity or operation, including issues with clarity, audio recognition, or geolocation; 
unavailability of our facilities;
If your BIG network  is not available when you attempt to use the Premium Services; 
if your line or access to the government’s 911 call center is disabled, interrupted, or delayed, including if 911 service is unavailable due to problems at the government’s call center; or 
for other reasons beyond our control.  
ii. Medical or Expert Advice Disclaimer
NEITHER BIG NOR ITS USERS ARE AUTHORIZED TO PROVIDE MEDICAL OR EXPERT ADVICE OR DIAGNOSIS, AND THE PREMIUM SERVICES ARE NOT DESIGNED FOR THAT PURPOSE OR INTENDED TO BE USED FOR THAT PURPOSE. USE OF THE PREMIUM SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP OR ANY OTHER KIND OF PROFESSIONAL RELATIONSHIP. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING TREATMENT FROM EMERGENCY RESPONDERS OR A MEDICAL PROFESSIONAL OR OTHER EXPERTS. IT IS IMPORTANT TO SEE YOUR DOCTOR OR A PHYSICIAN IF YOU WISH TO MAKE ANY DECISION ABOUT YOUR HEALTH OR THE HEALTH OF YOUR FAMILY. YOU MUST INDEPENDENTLY EVALUATE ANY ADVICE YOU MAY RECEIVE FROM YOUR BIG NETWORK.

WE CANNOT GUARANTEE THE PERFORMANCE OF ANY 911 OPERATOR, SERVICE PROVIDER, OR RESPONDER THAT MAY ARRIVE AS A RESULT OF THE PREMIUM SERVICES.

iii. Connectivity & Locational Limitations 
Due to the potential for service interruptions, outages, or poor connections on phone lines, internet service providers, mobile carriers, or other communication systems, none of which are within the control of BIG, your connection to the Premium Services is not guaranteed. Similarly, BIG will have no liability to you if your mobile device is out of the service area of the network provider. BIG is not responsible for, and shall have no liability with respect to, service interruptions, outages, or failures of a customer’s telephone, mobile, or data service.

BIG is not responsible if emergency responders are unable to locate you, whether because you have not enabled the GPS functionality of or location services on your mobile device, or there is a failure, error, or lack of specificity in transmission of GPS information, or otherwise.

11. INDEMNITY
You will indemnify and hold harmless the BIG Entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with (a) your access to, use of, or reliance on the Content or Services; (b) your conduct with respect to any other users, including in connection with any public incidents on the Services; (c) your Content; or (d) your violation of these Terms.

12. RELEASE
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE BIG ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE, OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.

You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including, without limitation, Missouri, Delaware, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

13. INFRINGEMENT
BIG respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Services is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in emailing at the following address: support@buddyintelligencegroup.com

Each notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the Content that is claimed to be infringing, and information reasonably sufficient to permit BIG to locate the Content; (d) information reasonably sufficient to permit BIG to contact you, such as an address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We may remove Content alleged to be infringing and terminate the right to use the Services by any user who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.

14. GOVERNING LAW AND DISPUTE RESOLUTION
A. Dispute Resolution
These Terms and the relationship between you and BIG will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Except for a claim by BIG of infringement or misappropriation of BIG’s patent, copyright, trademark, or trade secret, any and all disputes between you and BIG arising under or related in any way to these Terms must be resolved through binding confidential arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Services.

B. Arbitration
YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BIG ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BIG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON A CONFIDENTIAL INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or these Terms shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.  

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the court or arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.

With the exception of subparts (1) and (2) in the paragraph immediately above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, either of subparts (1) and (2) in such paragraph (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in New York, New York.

Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding these Terms to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration section as included in these Terms, any such termination shall not be effective until thirty (30) days after the version of these Terms not containing such section is posted to the Services, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on the AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

15. APP STORES
You acknowledge and agree that the availability of the App and the Services are dependent on the applicable App Store. You acknowledge that the Terms are between you and BIG and not with the App Store. BIG, not the App Store, is solely responsible for the Service, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

A. Accessing and Downloading the App from iTunes
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: 

You acknowledge and agree that (1) the Terms are concluded between you and BIG only, and not Apple; and (2) BIG, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. 

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BIG and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BIG. 

You and BIG acknowledge that, as between BIG and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and BIG acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BIG and Apple, BIG, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms. 

You and BIG acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. 

Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

16. OTHER GENERAL TERMS
The failure of BIG to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without BIG’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. BIG may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by BIG under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

These Terms and our Privacy Policy are the entire and exclusive agreement between BIG and you regarding the Services (excluding any services for which you have a separate agreement with BIG that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between BIG and you regarding the Services and Content.

If you have any questions about these Terms, please contact us: support@buddyintelgroup.com